United States Tenth Circuit

Conviction for distribution and possession of child pornography is affirmed over a primary challenge that he did not, as a matter of law or fact, "distribute" child pornography when he downloaded images and videos from a peer-to-peer computer network, Kazaa, and stored them in a shared folder on his computer accessible by other users of the network, as well as additional claims of improper jury instruction, limitation of testimony, and admission of evidence.

Appellate Information

• Decided 01/03/2007
• Published 01/04/2007

Judges

• GORSUCH, Circuit Judge., Before MURPHY, McKAY, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Christopher M. Joseph, Joseph & Hollander, P.A., Topeka, KS, for Defendant-Appellant., James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney, and Christine E. Kenney, Assistant United States Attorney, on the brief), Topeka, KS, for Plaintiff-Appellee.